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INLAND DREDGING COMPANY, L.L.C., Appellant,

TEODORO NORIEGA, Appellee.

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Memorandum Opinion Per Curiam

Appellant, Inland Dredging Company, L.L.C., perfected an appeal from a judgment entered by the 139th District Court of Hidalgo County, Texas, in cause number C-3030-06-C. Appellant has filed an unopposed motion to dismiss the appeal on grounds that the appellant no longer wishes to pursue the appeal. Appellant requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant's unopposed motion to dismiss the appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See Tex. R. App. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered and

filed this 23rd day of July, 2009.